A More Vigorous European Legal Community
The UIHJ is a founding member of the European Law Institute (ELI), created a year ago. The ELI is an independent non-profit organisation association under Belgian law established to conduct research and make recommendations in the field of European legal development. Its mission is the quest for a better law-making in Europe and the formation of a more vigorous European legal community. As such its work covers all branches of the law: substantive and procedural; public and private.
ELI was inspired by the American Law Institute (ALI). It is based on membership, with a target number of up to several thousand members from all European countries and beyond, inter alia judges, legal practitioners, and academics. The ELI secretariat is hosted by the University of Vienna.
The official opening ceremony was held in the magnificent Main Ceremonial Chamber of the University of Vienna. It was attended by members of ELI and many personalities from the political and legal worlds. The UIHJ was represented by its first secretary, Mathieu Chardon.
Heinz W. Engl, rector of the Academy of Vienna welcomed the participants as well as Viviane Reding and dignitaries. Rector Engl thanked all members of ELI. He then recalled the goals of the organization, emphasizing their importance. He said the relationship between ELI and the University of Vienna was a source of pride for the university and also a sign of its independence. Heinz Mayer, Dean of the Faculty of Law of the University of Vienna said that his faculty was one of the oldest amongst the countries of Germanic language. He assured the audience of its strong support to ELI.
Irmgard Griss, President of the Austrian Supreme Court, outlined the creation of ELI. The ceremony, she said, was made possible through the efforts of all who have worked hard "to make the dream become reality." Mrs Griss continued hers remarks by stating that further work had to proceed in order for ELI to take its place in the European legislative process and to positively impact the European legislation. She sent her best wishes for "a strong ELI community." Beatrix Karl, Federal Minister of Justice of Austria, took the floor to welcome the creation of ELI. She noted the importance of the international nature of the work that would be achieved and assured full support from the Ministry of Justice of Austria.
Christiane Wendehorst, Treasurer of ELI, told how important the day was. She said that between the law-maker, the judiciary and the citizens a legal community made up of judges, legal practitioners and academics was missing. She evoked the requests made for more than ten years for the creation of such an organization, requests that led to the creation of ELI a year ago and to this opening ceremony. Any project carried out under the auspices of ELI must fulfil several basic requirements:
- Be at the service of the European citizen and respond to a manifest practical need;
- Aim at results that potentially have immediate practical impact, e.g. in the form of draft rules, comments on rules or guiding tools of similar conciseness;
- Be effectuated through collaboration between jurists from academia and legal practise; and
- Take a genuinely pan-European perspective as well as consider the achievements of the various legal cultures within Europe
The Great European Diversity and Unity in Diversity
Sir Francis Jacobs, president of ELI, discussed the unique nature of his organization. This is particularly shown in the development of international law. It is also in the process of creation of ELI, which is exemplary and brings hope for the future. No one doubts that ELI “will meet the recognised needs” said its president. “The uniqueness also lies in its area of competence, covering all aspects of law ". ELI will reflect the combined excellence of academic and practical worlds" promised Sir Francis Jacobs. "ELI will also reflect and be respectful of all cultural trends in member countries," he said. Links with European institutions are also a key asset. President Jacobs said the first project of ELI, on the proposal of the European Commission for a regulation on a Common European Sales Law.
The keynote address was given by Viviane Reding, Vice-President of the European Commission, European Commissioner for justice, fundamental rights and citizenship. In a crystal-clear speech, Mrs Reding fervently said that ELI would pave the way towards a European legal culture. "The legal diversity of Europe is the source of our strength," she said. "The exchange of experience, legal training is essential to creating an area of justice." Thus, members of ELI should provide practical advice that will create an area for the benefit of citizens. ELI is to help the European Commission to make the law concrete and practical. The most useful contribution is the one that makes the difference for consumers, entrepreneurs who want to collect their debts, or for people who have been arrested abroad and who do not speak the language. ELI can draw on the work of the ALI, although both institutions are very different if only as regards their legal and linguistic diversity. But both tend towards clarity and simplicity. For Viviane Reding, "the contribution of ELI will help to draw the outlines of the future European legislative projects." ELI will also have a role as guardian of European treaties. It will operate completely independently, which is very important, stressed the Vice President of the European Commission. She explained that research work should lead to concrete results for citizens. In particular, the involvement of practitioners would help ensure that the goals would be achieved. For this the participation of practitioners is essential. Practitioners have been proposed in some projects, showing their interest. ELI will also be a forum of expression for all lawyers. Mrs Reding expressed the hope that we can soon see in the work of ELI "the great diversity of Europe and unity in diversity", which forms the specificity of Europe. The Vice President concluded her much appreciated speech by expressing three wishes for ELI:
- Ambitions in the selection of projects and their outcomes
- Patience in the conduct of projects
- And also chance, which is always helpful and welcome!
Let's make these wishes of the vice-president of the European Commission our own and wish ELI, in turn, good luck and fruitful work. The UIHJ be there participating diligently, actively and in an always practical way.
First workshop of the Institute of European Law in Vienna on 17 and 18 November 2011
Following the opening ceremony, ELI was immediately put to the task. On 17 and 18 November 2011, the Institute of European Law held its first workshop in Vienna (Austria), at the Justice Palace, on the theme of the proposed common European sales law.
The UIHJ was represented at the workshop by Mathieu Chardon, 1st secretary. One hundred participants, members of ELI, gathered to participate in this workshop. Among those was the president of the Austrian Supreme Court. The Chair of the working group was Judge Sir John Thomas (United Kingdom). On 11 October 2011, the European Commission issued a proposal of the European Parliament and of the Council for a Common European Sales Law (COM (2011) 635 final, 2011/0284 (COD)). ELI has set its first mission to study the proposal to issue concrete advice. During two days, workshop participants were able to discuss this proposed regulation in the presence of a representative of the European Commission. The exchanges were very successful. One issue that came back was that the enforcement of sales law with the Community, the key to the recovery of unpaid debts under these laws.
